Georgia Car Accident Laws: Complete Legal Guide 2025 | Know Your Rights | The Wilson PC

Georgia law allows recovery of several types of damages after a car accident.

Three Categories of Damages

Economic Damages (Special Damages):

• Actual financial losses with specific dollar amounts

• Medical bills, lost wages, property damage

• Past and future expenses

• Can be calculated precisely

• Must be documented with records

Non-Economic Damages (General Damages):

• Subjective losses without specific dollar value

• Pain and suffering, emotional distress

• Loss of enjoyment of life

• Physical impairment and disfigurement

• No fixed formula for calculation

• Jury discretion

Punitive Damages (Rare):

• Punishment for egregious conduct

• Not compensation – meant to punish and deter

• Only if defendant's conduct was willful, malicious, or grossly negligent

• Common in drunk driving cases

• 75% goes to Georgia State Treasury, 25% to plaintiff

No Caps on Car Accident Damages

Important: Georgia has NO cap on damages in car accident cases.

Contrast with medical malpractice:

• Medical malpractice: $350,000 cap on non-economic damages

• Car accidents: No cap

• Unlimited recovery for pain and suffering

This makes car accident cases potentially very valuable for serious injuries.

Disclaimer: "Average" is misleading because every case is unique.

General Ranges by Injury Severity

Minor Injuries ($3,000 - $15,000):

• Soft tissue injuries (whiplash, minor sprains)

• Brief treatment (under 6 weeks)

• Full recovery

• No permanent impact

• Clear liability

Moderate Injuries ($15,000 - $75,000):

• Fractures requiring casting

• Injuries requiring several months treatment

• Some permanent scarring or limitation

• Lost wages for moderate period

• Physical therapy needed

Serious Injuries ($75,000 - $250,000):

• Injuries requiring surgery

• Extended recovery (6-12 months)

• Significant permanent impact

• Substantial lost wages

• Long-term or permanent pain

Severe Injuries ($250,000 - $1,000,000):

• Multiple surgeries

• Permanent significant disability

• Loss of earning capacity

• Life-altering injuries

• Disfigurement

• Chronic pain

Catastrophic Injuries ($1,000,000+):

• Paralysis or spinal cord injury

• Traumatic brain injury

• Amputation

• Severe burns

• Permanent total disability

• Lifetime care needs

Median vs. Mean Settlements

Studies show:

• Median car accident settlement: ~$15,000-$20,000

• Mean (average) settlement: ~$50,000-$75,000

Why the difference?

• Median = middle value (half above, half below)

• Mean = average pulled up by large settlements

• Most cases are minor injuries

• Few catastrophic cases skew average higher

Settlement vs. Verdict

Settlements (most common):

• Negotiated agreement

• Typically lower than trial value

• Guaranteed outcome

• Faster resolution

• No trial risk

Trial Verdicts:

• Jury decides

• Can be much higher than settlement offer

• Risk of getting zero

• Takes 1-3+ years

• Expensive to litigate

Insurance companies offer more when they know attorney will go to trial.

Geographic Variations

Atlanta/Fulton County:

• Higher average settlements

• More favorable to plaintiffs

• Diverse jury pool

• Urban attitudes toward injury claims

Rural Georgia Counties:

• Lower average settlements

• More conservative juries

• Traditional values

• Skeptical of large awards

This affects case value based on where case would be tried.

Factors Making Your Case Above/Below Average

Above average:

• Serious permanent injuries

• Clear liability (drunk driver, police citation)

• High policy limits available

• Sympathetic plaintiff

• Strong medical evidence

• Experienced attorney

• Venue in plaintiff-friendly jurisdiction

Below average:

• Minor temporary injuries

• Disputed liability

• Low policy limits

• Pre-existing conditions

• Gaps in treatment

• No attorney representation